Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging that defendant breached agreement that called for defendant to pay Fannie Mae $15 for each time it used Fannie Mae’s Desktop Originator System and also required plaintiff, as defendant’s sponsoring lender, to pay Fannie Mae between $20 and $28 for each time defendant used said System, where record showed that over three-year period after plaintiff had terminated all relationships with defendant, Fannie Mae billed plaintiff and plaintiff paid $278,000 in fees for defendant’s use of said System. Plaintiff could not recover said fees from defendant under either breach of contract or unjust enrichment theory since: (1) record showed that defendant had no reason to think during relevant three-year period that plaintiff was being held liable for instant fees generated by its use of System; and (2) plaintiff had no excuse for failing to inform Fannie Mae at beginning of instant three-year period that it was no longer sponsoring defendant’s use of System.
Federal 7th Circuit Court
Civil Court
Unjust Enrichment